Colorado

During a listening session with the Cañon City Vision Committee on Wednesday, residents, business owners and contractors were invited to give input on issues and concerns pertaining to current building codes.

Dwayne and Valerie Williams, the owners and operators of Dawson Ranch Stables, said their major complaint is there simply are too many codes.

"You try to do anything and it's like you take a step forward and you get knocked back 10 because of all these rules and regulations," Valerie Williams said. "Some of them I agree with, and I am willing to do some of these things, but it's time and time again, and any move I make, I'm told no."

She said she feels there are entrepreneurs who have come into town that are being "shut down and run out."

"I don't know the details on all of them, all I see are boarded up buildings, or I hear someone's business is being attacked, and now guess what, I am one of them," she said.

The couple was issued a notice of non-compliance and violation by the city on Oct. 5 and given 15 days to submit complete applications and other required information in order to bring the property into compliance with all building, electrical and plumbing codes.

As of Friday, they will not be allowed to live in their current watchman's quarters located on the property, but they will be allowed to continue to operate their business and use the existing barn for business purposes.

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There currently are 50 horses housed in the stables, including boarders, the Williams' personal horses and leased trail horses.

The couple purchased the property at 1745 Mariposa Road in June 2013, and in October of that year were approved for a Special Review Use for watchman's quarters, with conditions. For financial reasons, the watchman's quarters were not built and the couple instead converted an existing office and tack room into their living quarters.

In July 2015, city staff learned the couple had set up 400-square-foot living quarters in the barn with no sanitary sewer facilities. They were given 45 days to connect to a sewer system and meet building code requirements and then were granted three subsequent extensions.

A memo penned in June by City Administrator Tony O'Rourke to the mayor and city council suggested the city assist the Williams in complying with the requirement to connect the watchman's living quarters to the Fremont Sanitation District system. O'Rourke said the couple was willing to comply with the city's requirements by July 1 as long as they could enter into an $18,000 three-year, low interest (2 percent per annum) economic development loan with the city, which was approved by the council.

"In addition, the couple would be required to comply with applicable building, electrical and plumbing codes within 90 days to remain open as both a business and residential quarters," the memo states.

The Williams submitted paperwork for obtaining permits for the watchman's quarters and three other existing structures on Wednesday, which is being reviewed by a third-party, Colorado Code Consulting. The business is reviewing commercial building permit inspections until the city has a full-time building inspector trained and in place.

"We hope the permits are complete," said Councilwoman Ashley Smith. "We hope that they've got it filled out to completion so that they can move back in."

She said the business can still operate, but the structures that were built without permits may not be used until they are approved.

Structures that are greater than 120 square feet in size require a permit.

An elevation certificate says the watchman's quarters is six inches above the floodplain, but the state requires dwellings must be 12 inches above the floodplain, Smith said.

"They can still live there, they just have to raise that floor another six inches," she said.

Smith said the Williams can continue to run their business, they just can't live in the watchman's quarters because of state and federal statutes and requirements.

"If we don't meet those requirements, it can put other citizens at risk of losing their floodplain insurance if we don't follow their rules," she said. "Also, for fire safety, if we don't enforce certain fire safety requirements, we lose our ratings and then homeowners' insurance goes up throughout the entire town."

Councilman Jim Meisner said three primary items were listed in the 2013 ordinance that allowed for the watchman's quarters, including sitting it outside of the designated floodplain.

"One of their points is the little square for the living quarters is outside the floodplain, but the problem is that little square is part of a building that is in the floodplain," he said. "I don't have any doubt that they are probably the best horse boarders in the area, and I've done some work with those people and they're excellent people — that's not the issue. The issue is following city guidelines."

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